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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION, ) CENTRAL DISTRICT
Complainant,
OGC File No . 08 - O
vs .
INDIAN RIVER COUNTY ✓U �OV
DEPARTMENT OF UTILITY SERVICES, 6y '469 6'
FACILITY ID : FL0037940,
Respondent.
?01/ D
AMENDMENT TO CONSENT ORDER 08 - 1661
The State of Florida Department of Environmental Protection ( " Department " ) and
Indian River County Department of Utility Services ( " Respondent " ) executed a Consent
Order ( " Order " ) in OGC File No . 08 -1661 ( " Original Order " ) , on September 19, 2008 . This
Amended Order which amends the Original Order is entered into between the
Department and the Respondent and desiring to enter this Amendment to the Original
Order to allow the below- described extension of time, the Department finds and
Respondent admits the following :
1 . The below- described extension of time is appropriate because Respondent needs
additional time to complete the study on the algal turf scrubber system pilot project.
The Department and Respondent mutually agree, and it is,
ORDERED :
2 . The first sentence of Paragraph 7 and the second sentence of Paragraph 10 of the
Original Order are amended to substitute 5 years for 3 years .
Indian River County Department of Utility Services
OGC File No. 08 -1661A
Page 2 of 4
3 . Respondent acknowledged but waives its right to an administrative hearing
afforded by Sections 120 . 569 and 120 . 57, Florida Statutes, on the terms of this Amendment.
Respondent acknowledges its right to appeal the terms of this Amendment pursuant to
Section 120 . 68 , Florida Statutes, but waives that right upon signing this Amendment .
4 . Persons who are not parties to this Order, but whose substantial interests are
affectedby it, have a right to petition for an administrative hearing under sections 120 . 569
and 120 . 57, Florida Statutes . Because the administrative hearing process is designed to
formulate final agency action, the filing of a petition concerning this Consent Order means
that the Department' s final action may be different from the position it has taken in the
Order .
The petition for administrative hearing must contain all of the following information :
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address,
and telephone number of the petitioner' s representative, if any, which shall be the
address for service purposes during the course of the proceeding;
c) An explanation of how the petitioner' s substantial interests will be affected by the
Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement
that the petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or
modification of the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or
modification of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Department to take with respect to the Consent Order .
The petition must be filed (received ) at the Department ' s Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of
receipt of this notice . A copy of the petition must also be mailed at the time of filing to the
District Office at 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803 -3767 . Failure
to file a petition within the 21 - day period constitutes a person' s waiver of the right to
request an administrative hearing and to participate as a party to this proceeding under
sections 120 . 569 and 120 . 57, Florida Statutes . Before the deadline for filing a petition, a
person whose substantial interests are affected by this Order may choose to pursue
mediation as an alternative remedy under section 120 . 573, Florida Statutes . Choosing
mediation will not adversely affect such person' s right to request an administrative
hearing if mediation does not result in a settlement . Additional information about
mediation is provided in section 120 . 573, Florida Statutes and Rule 62- 110 . 106 ( 12) , Florida
Administrative Code .
5 . Except as expressly amended by this Amendment, the Order remains in full force
and effect. The terms and conditions of the Order. , as amended by this Amendment, may
Indian River County Department of Utility Services
OGC File No . 08 -1661A
Page 3 of 4
be enforced in a court of competent jurisdiction pursuant to Sections 120 . 69 and 403 . 121 ,
Florida Statutes . Failure to comply with the Order, as amended by this Amendment, shall
constitute a violation of Section 403 . 161 (1 ) (b) , Florida Statutes .
6 . This Amendment is a final order of the Department pursuant to Section 120 . 52 ( 7) ,
Florida Statutes, and it is final and effective on the date filed with the Clerk of
the
Department unless a Petition for Administrative Hearing is filed in accordance with
Chapter 120, Florida Statutes . Upon the timely filing of a petition this Amendment will not
be effective until further order of the Department .
FOR THE RESPONDENT:
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Indian River County, Florida o°°��.�aGOMMISS�O�°
Board of County Commissioners °a�pJ.• �•'•.F.p°a,
By
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Bob Solari , Chairmano ; ;Wo
Date : MaM a (01I AQpri) v logo :,
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Attest : J . K . Barton, Clerk
By 'Dr � -�--
eputy Clerk
Approved by : Approved as to leg ufficie cy :
Yosep i A . Baird Alan S . Polack c , Sr . , County Attorney
ounty Administrator
i
Indian River County Department of Utility Services
OGC File No . 08-1661A
Page 4 of 4
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of , 2011 , in Orlando,
Florida .
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Vivian F . Garfein
Director, Central District
Filed, on this date, pursuant to Section 120 . 52, F . S . , with the designated Department Clerk,
receipt of which is hereby acknowledged .
Clerk kat
cc : Lea Crandall, Agency Clerk, Mail Station 35, lea . crandall@dep . state . fl . us